A CLAM-TASTIC PLAN for the Valley to Vet’s community of Highlands Borough, NJ

Edward J. Bloustein School of Planning and Public Policy Planning and Design Studio, May 2014 THE TEAM TABLE OF CONTENTS

Bloustein Planning Studio Team Spring 2014 Bloustein Planning Studio Team………………………………………………………………….ii Acknowledgements……………………………………………………………………………………………………….ii Instructors: Students: Introduction …………………………………………………………………………………………………………………..1 Elizabeth Carter Anton Nelessen • Studio Mission Erwin H. Flesch Carlos Rodrigues • General Background Julie Grof • Impacts of Sandy Greer Reinalda • Stakeholder Engagement Sharon Williams Existing Conditions …………………………………………………………………………………………………………6 • Introduction • Demographics Planning Analysis …………………………………………………………………………………………………………15 • Value of Improvements to Value of Land Ratios Acknowledgements Current Planning/Regulatory Framework……………………………………………………………………..17 • Existing Planning Documents Highlands Borough: Others: • Highlands Residents Responses to Bloustein Post-Sandy Survey • Infrastructure Constraints – Stormwater and Wastewater Mayor Frank L. Nolan Paul Cefalo – Weichert Realty Proposed Planning Framework and Urban Design Plan ………………………………………………..22 Councilman Chris Francy Chris Kok – FEMA • Methodology Carla Cefalo-Braswell – HBP Leo Cervantes – Chilango’s Restaurant Implementation Mechanisms ………………………………………………………………………………………30 Charles Heck – Borough Tax Assessor • Zoning/Land Development Regulations Donna Conrad – Borough Clerk • Waterfront District Bruce Padula, Esq. – Borough Attorney • Residential 1 District • Miller Avenue District • Bay Avenue District Monmouth County Division of Planning: • Zoning Standards Joseph Barris • Uniform Construction Code (UCC) Brittany Ashman • Abandoned Properties Rehabilitation Act (APRA) Sharon Rafter • Local Redevelopment and Housing Law (LRHL) • Options for Implementing Redevelopment • Conclusions Monmouth County Parks & Recreation: Paul Gleitz

This report was designed by Julie Grof.

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ ii iii INTRODUCTION

Appendices 1.1 - Studio Mission Due to the significant amount of content included in the Appendices, these documents are This document is the culmination of a Planning and Urban Design Studio course held at Rutgers included under a separate cover. University’s Bloustein School of Planning and Public Policy during the Spring of 2014. The small borough of Highlands, NJ had requested that Rutgers examine the many problems and concerns Study Area MOD IV Data - Sorted it faced as a result of the severe impacts from Hurricane Sandy. Over a span of fifteen weeks Single-family Residential Sales, 2012-13 the students in this class were tasked with the responsibility of creating an urban design and Single-family Residential for Sale, Spring 2014 redevelopment plan, with a focus on a ‘study area’ encompassing the “Valley to Vets” section Residential Condominium Unit Sales, 2012-13 of downtown Highlands -- from Valley Street to South Street and from Shore Drive to the Residential Condominium Units For Sale, Spring 2014 waterfront. All Analytical Maps Catalog of Properties Susceptible to Change During the semester the students performed site visits, interacted with local stakeholders, Zoning Definitions analyzed data and created graphics of current site conditions, and developed new designs as Visual Preference Survey Results part of an overall strategy. In particular, new regulatory rules on flood proofing and elevating Street Typologies structures were examined and in context with the threat of changing real estate market forces, Building Typologies population loss, economic stagnation and how all this may affect the town’s historic traditions. The studio’s own conclusions on what it believes offers the greatest potential benefits with regards to redesign and redevelopment are the basis for this document.

The Borough’s predicament is fraught with uncertainty and competing proposals on how to proceed. What is most needed is a clearly articulated vision for the future of the study area. The intention of the Rutgers studio is to provide a service by offering informed planning ideas to the governing body, planning board and borough residents. We are well aware of the Borough’s unique history and desire to maintain its legacy as a fishing and clamming community while balancing this with the need for economic development in ways that do not threaten or undermine the town’s proud heritage. The challenges facing Highlands are difficult and complex and we do not pretend that any one idea can solve them. However, given the opportunity to provide some badly needed direction, we have worked to develop a plan of action that is bold, creative and tailored to the unique set of conditions we found in Highlands. Note: We are pleased to offer this document and hope the Borough’s residents consider these ideas Based on data listed in the February 2014 “Properties Deemed an Imminent Hazard”, this report as they move forward to face the many challenges that lie ahead in a post-Sandy environment. and its appendices contain two errors. The following corrections are not reflected in the material present herein: 1.2 - General Background •Block 45, Lot 4.01 (102 Bay Avenue) should be removed from the map of “Properties Deemed an Imminent Hazard,” and The Borough of Highlands, NJ is a 1.3 square miles community of about 5,000 year-round •Block 45, Lot 2.01 (33-35-37 Jackson Street) should be added to the map of “Properties residents (pre-Sandy) and 3,146 housing units (2010 US Census) located just south and west of Deemed an Imminent Hazard.” Sandy Hook. It is one of the oldest settled areas in New Jersey.

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ iv 1 Map of Highlands Borough, Monmouth County, New Jersey

The municipality is bisected by New Jersey Route 36, a 4-lane arterial highway. There is a high- speed passenger ferry service to lower Manhattan, but no passenger rail service.

The western section of the Borough occupies a bluff overlooking Sandy Hook Bay and the Atlantic Ocean -- the Navesink Highlands. It includes residential, commercial and institutional uses, along with the 800-acre Hartshorne Woods Park, a part of the Monmouth County Park System, and the Highlands US Army Air Defense facility.

The eastern section of town (below Route 36) faces Sandy Hook Bay and the Gateway National communities must confront: changes in demographics and economic base that seemingly Recreation Area. This part of town -- which includes the working waterfront, the downtown challenge the social character of the community, along with the daunting challenges posed by commercial district on either side of Bay Avenue, and the adjoining residential neighborhoods sea level rise and increasingly severe storm events that place at risk the community’s physical – was the victim of a 12- to 17-foot storm surge during Hurricane Sandy and sustained setting and character. considerable damage. The very severe impacts of Hurricane Sandy have heightened the need to find local solutions to The Borough’s history and economy is intimately connected with the water. In 1900 clamming mitigate future storm events. But there have been competing proposals and much confusion employed 1/3 of the Borough’s workforce. Clamming is still the largest employer in town, and is over what types of strategies are feasible, effective and desirable. a year-round activity except for the rare occasions when the Bay freezes. A possible approach is to impose a hard barrier between the Borough’s downtown and the Commercial clamming has expanded in the last 20 years as a result of cleaner water and the waterfront. The US Army Corps of Engineers (ACE) has been studying for years the feasibility of opening, in 1995 of the J.T. White depuration plant. The only such facility in New Jersey, this using several engineered devices to protect a section of the North Jersey shore, from Keyport to plant uses state-of-the-art ultraviolet light to treat hard-shell clams (cherrystones, little necks Highlands Bridge, including downtown Highlands, from future storm surges. and chowders) in 48 hours, a process that would otherwise require up to 45 days of cleansing in clean waters. The plant processes 240 bushels of clams a day and employs about 100 workers. http://www.nan.usace.army.mil/Portals/37/docs/civilworks/projects/nj/coast/rar934.pdf The plant operates on land leased from the Borough and is looking to expand. However, the lease is up in 2015 and competing visions for how the land should be used have been aired. The ACE project would build 8,000 linear feet of protection using bulkheads, floodwalls, dunes, The Highlands waterfront is used for a variety of water-dependent uses: marinas, fishing, party and raised roads and surfaces. A $1.5 million feasibility study is currently underway. The project boat rentals and the passenger ferry dock. The Borough also hosts an annual summer Clam does not yet have an appropriation for construction. It appears that many waterfront residents Fest with games, carnival rides and a clam-shucking contest, as well as fishing tournaments. and businesses do not support this approach, preferring to elevate their individual structures. But large sections of the waterfront are private, and public access is neither intuitive nor An alternative vision is to follow the model adopted in Galveston, Texas in the early part of the th encouraged. 20 Century. This would involve raising the entire downtown area with fill, above the projected base flood elevation level. No serious feasibility or cost study of this scenario has been The Borough’s historic tradition as a maritime working class community and center of the conducted, and it seems to have lost local political traction. oyster and clamming industries is potentially threatened by both real estate market forces and by the uncertainties unleashed by Hurricane Sandy, including the new regulatory requirements http://www.nytimes.com/2013/02/23/nyregion/highlands-nj-proposes-raising-the-borough-to- associated with the rebuilding process in terms of flood-proofing and elevating structures. escape-hurricanes.html?pagewanted=all&_r=0 In many ways Highlands provides a rich case study of the multi-layered challenges that coastal

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 2 3 A third scenario is one where all the properties substantially affected by Hurricane Sandy The Borough has a unique opportunity to take advantage of the on-going demolitions, home (loss of 50% or more of their value) are rebuilt following the revised State of NJ requirements elevations and private capital investment to develop and implement a strategy for scattered regarding minimum base elevations. FEMA has stipulated 12 feet as the Advisory Base Flood site redevelopment, with minimal displacement. This may involve incentivizing the assembly Elevation (ABFE) for downtown Highlands. Execution of the ACE shore protection project would of two or more micro-lots and their redevelopment with attached housing types, which not necessarily negate the need to elevate the structures, in FEMA’s view. is currently not permitted under the zoning. It could also involve other types of changes. However, no such strategy exists at present. Residential properties must elevate, in order to be eligible for flood insurance. Commercial properties must also elevate, or alternatively, “flood proof” the ground floors, but this can The low-lying sections of Highlands Borough are highly vulnerable to coastal flooding, and be very expensive. The alternative – to virtually vacate ground floors – also has severe cost increasingly so. A substantial number of buildings, both residential and commercial, are vacant implications. (and many abandoned) in the wake of Sandy. There is considerable uncertainty as to how the area may evolve. This creates a unique opportunity to consider bold interventions that 1.3 - Impacts of Sandy can guide the area’s transformation towards more sustainable and resilient development The entire downtown of Highlands Borough is in an AE flood zone (1% chance of flooding every prototypes. Both the Bay Avenue commercial corridor and the residential neighborhoods year) and is extremely vulnerable to both the occasional impacts from severe weather events between Bay Avenue and the Bay are in play. as well as to the long-term impacts of sea level rise. Approximately 1,250 of the 1,500 housing units in the downtown – along with many businesses – were damaged or totally destroyed. 1.4 - Stakeholder Engagement A substantial portion of the buildings located in the downtown area, between Bay Avenue and The studio sought to engage local officials, business owners and stakeholders from Highlands Sandy Hook Bay, lost over 50% of their value. and Monmouth County in discussions regarding the preferred redevelopment scenarios for the downtown. The range of stakeholders engaged included elected and appointed officials, This older downtown residential area, including the entirety of the studio’s Study Area, is local businesses and commercial property-owners and non-profit organizations. The list of characterized by small, detached single-family homes, frequently situated on micro-lots of as stakeholders can be found in the acknowledgements section. Informal mid-course correction/ little as 2,000 square feet in size. This pattern is a legacy of the Borough’s early days, when evaluation meetings with selected stakeholders were helpful in directing and focusing the simple cottages close to the water were used only during the Summer season. Many of those studio’s efforts. A presentation to the community, at a meeting organized by the Borough housing units are currently rentals. Overall, 41% of the Borough’s occupied housing stock is Council, took place on the evening of May 14. Over 40 people attended and participated in the rental. informal give and take during and following the presentation.

While some housing units in this area have been elevated and/or rebuilt, many others have not. It is not yet entirely clear how many housing units are abandoned or severely damaged by the storm, and what the subsequent effects of mold and rot are.

The Borough has been working with a consultant to identify abandoned properties damaged by Sandy that must be demolished for public health reasons. Some of the properties in question have been identified. If a property is identified as constituting a public health hazard, the Borough has the authority to demolish the structure and assess the property owner for the costs of demolition and debris removal (see Implementation section for a more comprehensive discussion).

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 4 5 MAP OF THE STUDY AREA EXISTING CONDITIONS

2.1 Introduction During the early weeks of the studio class, the students made an effort to study and learn about Highlands as a community and the problems it faces. Early on, the class met with various stakeholders in town and were given a tour of the study area. They saw firsthand the many decimated and/or abandoned residential and commercial buildings that exist today. The Study Area consists The students created a series of maps of the study area that would be beneficial in better of 56.4 acres and spans understanding existing conditions. For example, some of these identified individual residential 20 blocks between lots in need of redevelopment; or which were identified by the borough as an imminent hazard; Valley Street and or where infill and redevelopment opportunities lay; or those properties that are owner- occupied versus those owned by landlords and occupied by renters; and those meeting a Veteran’s Memorial Park ‘strong candidate for change’ criteria, and so on. All told, a picture emerged of a borough that and the Shrewsbury is struggling for answers as how best to address both the tremendous damage wrought by the River and Shore Drive in storm, and the longer term issues of urban dispersal, economic hardship, and the consequences Highlands Borough. of climate change and rising sea levels.

The studio participants identified a number of problems that currently exist and need to be addressed. First, it found the Borough’s economic potential to begin with is somewhat restricted by its location as a beachfront community and therefore its best opportunities are probably limited to the annual summer season. But beyond that, the glaring absence of local access to some vital goods and services, with particular emphasis on the lack of any quality supermarkets, is a clear and distinct burden for the residents. They discovered that the Borough’s finest natural asset – its waterfront – is woefully underutilized and has insufficient public access. Most commercial properties are also underutilized, or were damaged by the storm and are currently abandoned (up to 75% of commercial structures along the Bay Avenue corridor are currently unoccupied and in an uncertain condition). A significant percentage of private residences are also unoccupied and in various stages of disrepair. Of the rest, up to half of the occupied structures are rental properties whose absentee landlords do little or nothing to study area is a low lying section of town abutting the Shrewsbury River at an elevation barely maintain them and represent a major drag on the town’s overall appeal and livability. above sea level. This makes it highly vulnerable to flooding due to a constant threat of abnormal tides and storm surges. It was also discovered that the average residential lot size All of this has given the impression of a community that is struggling for answers as how to best is quite small at just 2,500 square feet. This appears to be due to Highlands’ legacy as a small address the myriad of problems it confronts. While Highlands had many problems that already fishing and clamming community that contained many small seasonal properties and Summer were evident before the storm, these were exacerbated to a great deal by flooding damage cottages. On average, the structures on these parcels are two to three stories in height. This and the lack of funds combined with a deteriorated tax base. Worse, there are simply few existing building stock was poorly maintained even before the devastating effects of the resources, and revenue sources, available to ameliorate them. flooding from Sandy. Now, the residents face some costly choices as how best to rehabilitate their properties while mindful of the threat of future flooding events with consequences as The worst problem identified, and most difficult to resolve, is the simple fact that the entire deleterious as Sandy was.

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 6 7 FLOODING CONDITIONS DURING 2012 HURRICANE SANDY

A closer analysis finds that Highlands has limited regional access by auto, because there are just three main access points to the low lying sections. These entrances are all situated along U.S. Highway 36 – the main east-to-west thoroughfare leading to the Sandy Hook Bridge. Only one access point holds any kind of gateway feature to attract the attention of motorists and is arguably in the wrong location (a billboard featuring the slogan “The Jersey Shore Begins Here” is located at the westernmost entry point). The limited number of access points creates a non-intuitive circulation system, making the Borough seem disjointed and without any real focal points. Adequate pedestrian and bicycle amenities are lacking. Parking is limited and sometimes difficult to find. Budgetary problems and the storm’s legacy created a street network currently badly in need of repairs. Source: NJGIN, State LIDAR, Lyna Wiggins

There are a number of local points of interest STUDY AREA ATTRIBUTES that could enhance the Borough’s economic The task of restoring the Borough’s tax base through redevelopment and revitalization of Physical Attributes dilapidated properties is made especially difficult by the real and constant threat of more  Average elevation between 0’ and 10’ condition if better efforts are made to advertise them. Most notably are the Sandy flooding in the future. This situation discourages the potential of private capital investment in  2 – 3 story scale the study area that could improve the local economy. It is important to note that Highlands’  Average residential lot size = 2,500 sq. ft. Hook recreational areas including its public vulnerability to flooding is not restricted to full blown hurricanes like Sandy. Unnamed storms  Poorly maintained building stock beaches that attract an estimated 2 million visitors annually, and the Twin Lights State can be just as calamitous. The December 1992 nor’easter - a three day event that covered no Local and Regional Attributes Historic Site situated on the slope 200’ above less than six tide cycles – reportedly caused more destruction than Sandy, and meteorologists  Limited regional access the study area. Others include the Mount warn of similar storms occurring in the future with greater frequency. Even events such as  Non-intuitive circulation system Mitchill Scenic Overlook with its spectacular enhanced lunar tides increases the potential of flooding – such is the vulnerability of so much of  Lack of gateway features, wayfinding, view of the bay and points beyond; Pompora this town that credits its early growth and popularity to the waterfront that threatens it today. pedestrian and bicycle amenities Park; and numerous fine seafood restaurants  Annual visitors to Highlands: 100,000 that draw many out of town visitors. Daily The short-term legacy of Sandy’s destruction is in the form of new regulations and guidelines for  Annual visitors to Sandy Hook Recreational redevelopment. As a consequence, residential and commercial structures are now required to Area: 2 million ferry service to Manhattan is available on the Borough’s western side, and has potential be raised up to fourteen (14) feet as a result of NJDEP Floodplain rules and FEMA requirements  Other local attractions: for eligibility to the subsidized National Flood Insurance program. The reaction by the residents  Twin Lights National Historic Site to restore Highlands as a day destination for has reportedly been mixed. During their site visits, the students observed up to several dozen  Pompora Park city dwellers just as it was when steamboats  Henry Hudson Trail were regularly in service. The Henry Hudson individual structures in various stages of ‘lifting’ in order to comply with these new guidelines.  Certified clam depuration plant Trail – a successful rails-to-trails county However, far more structures - many abandoned and in various stages of disrepair - sit vacant  Mount Mitchill Scenic Overlook conversion project – passes through town on with no discernible visible activity.  Clamming the way to the Sandy Hook Bridge, and could  Restaurants be diverted off Shore Drive onto Bay Avenue The devastating storm surge that inundated the low lying area of Highlands did not strike  Marinas and help create more potential customers for from the Atlantic Ocean to the east, but from the Shrewsbury River along its north/northeast  Ferry service to NYC businesses there. shoreline. This storm surge reportedly was twelve (or more) feet high, and Shrewsbury Avenue

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 8 9 MAP OF US CENSUS BUREAU CENSUS TRACTS AND BLOCK GROUPS

was covered with 77 inches of seawater at the surge’s maximum. The water swept in and The study area is bounded by the reached the slope just to the west of Shore Drive. Unfortunately, the issues facing the Bay Shrewsbury River, Veteran’s Park, Shore Avenue commercial corridor are made even more problematic because it lies at the lowest Drive and Valley Road, and is located elevations in town – lower than Shrewsbury Avenue itself. Because the risk of future flooding within the US Census Bureau’s Census scenarios similar to this is growing, Highlands faces some very difficult decisions as to how best Tract 8001, Block Groups 2, 3 and 4. (See to protect itself from such similar events. The public debate appears to be contentious with Map of US Census Bureau Census Tracts competing ideas and some stiff resistance to the very idea of change to begin with. and Block Groups.) The study area is almost entirely contained in Block Group One option the Borough has considered is a seawall and bulkhead protection system favored 3, except for the homes located between by the federal Army Corps of Engineers (ACE). This project would entail up to 8,000 feet of a Miller and Valley Streets which are in Block system of bulkheads, floodwalls, dunes and raised surfaces and structures. While a feasibility Groups 2 and 4. Source: http://factfinder2.census.gov/, 2014 study has been performed, the concept has languished due to growing community opposition over time, especially from those who have already commenced raising their own structures at Data from Block Group 2 and 4, however, considerable expense and assumed their water views would not be compromised this way. The have not been considered in the following planning scenarios explored in this report do not rely on the construction of the ACE floodwall, demographic analysis of the study area. The 2010 US Census data show Block Group 2 and 4 are and can be implemented with or without this infrastructure. significantly different than Block Group 3 in demographic composition and the inclusion of this data in the analysis would tell a different story. For instance, Block Group 2 and 4 have nearly 2.2 Demographic Analysis 40 percent and 230 percent, respectively, more housing units than Block Group 3. Also, the ARMY CORPS OF ENGINEERS COASTAL PROTECTION PLAN vacancy rate is 7 percent different in Block Groups 2 and 4 compared to Block Group 3. Another significant difference between the Block Groups is the number of units of seasonal housing is 19 and 10 percent larger in Block Groups 2 and 4 than in Block Group 3. Keeping this in mind, below is a brief demographic description of Highlands Borough and the study area utilizing data from the US Census Bureau and the 2008-2012 American Community Survey.

Highlands Borough Census Data According to the 2010 US Census, Highlands has a population of 5,005, a 2 percent population decline since the 2000 US Census. The population is overwhelmingly (93 percent) white, with smaller sectors of blacks (2 percent) and Asians (1 percent). Only 7 percent of the population describe themselves as Hispanic or Latino. The median age is 45 years.

The dominant occupations are management, business, science, and arts (50 percent), sales and office (27 percent), and service (13 percent). The median household income increased by 47 percent from $45,692 in 2000 to $67,292 in 2010. Conversely, the poverty status for families increased from 12 percent to 17 percent and unemployment increased from 4 percent to 13 percent during the same decade. Proposed ACE design of Reach 3 tidal protection devices for the study area.

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 10 11 From 2000 to 2010, Highlands’s housing stock increased by 12 percent from 2,820 to 3,146 The unemployment rate is 5 percent higher in the Borough (13 percent) than in the housing units. In 2010, 2,623 housing units (83 percent) were occupied and 523 units (17 County (8 percent). This data point is also not available at the Block Group level. percent) were vacant. The 2008-2012 American Community Survey shows the majority (78 • Owner-occupied housing units: percent) of the occupied housing stock is over 30 years old. A majority (55 percent) of the Only 37 percent of occupied housing is owner-occupied in the study area, compared to homeowner population is between 45 and 64 years old, and a large portion of renters (45 59 percent in Highlands as a whole and 75 percent in Monmouth County. Conversely, the percent) are 35 years old or younger. Only 17 percent of households have children under 18 study area has a much greater proportion (63 percent) of renter-occupied housing than years old and there is a notable difference between renter and owner-occupied households Highlands (41) and the County (25 percent). in family type: 33 percent of renter occupied households have children under 18 while only • Housing for rent and housing for seasonal use: 18 percent of owner-occupied households have children under 18. Of the housing units in The study area has more than double the proportion (53 percent) of housing available Highlands which are owner-occupied, 15 percent do not have a mortgage. for rent than both Highlands (25 percent) and Monmouth County (21 percent). It also has noticeably fewer vacant units (31 percent) available for seasonal, recreational or Study Area Census Data occasional use than both Highlands (53 percent) and Monmouth County (45 percent). The study area contains 351 housing units, which is 11 percent of the Borough’s housing • Age of householder: inventory. According to the 2010 US Census, the residential vacancy rate was 18 percent which The study area has a greater percentage (22) of 25 to 34 year old householders than is very similar to the vacancy rate of Highlands as a whole. The majority (63 percent) of the Highlands with (14 percent) and Monmouth County (10 percent). A greater proportion occupied units in the study area were occupied by renters. For the vacant units, 53 percent were of the householders in Highlands and the County are older than householders in the listed available for rent and 31 percent were listed as seasonal rentals. The largest segment (27 study area. percent) of householders were between the ages 45 and 54, followed by 25-34 year olds at • Household type: 22 percent, 55-64 year olds at 20 percent, and 35-44 year olds at 16 percent. The majority (59 Both the study area and Highlands have more non-family households than family percent) of households in the study area are non-family households where the householder households. The percentage of non-family households (59) in the study area is nearly lives alone or with roommates; comparatively, 41 percent of householders are family. double the 30 percent of non-family householders in the County. The 2010 US Census demographic data does not take into account the impacts to the Key Indicators community by the 2012 storm, Hurricane Sandy. See Table of Demographic Data for Monmouth Seven data points were identified to indicate key demographic differences between the study County, Highlands Borough and Block Group 3 for a comparison of additional demographic area, Highlands Borough, and Monmouth County. variables. • Household size and average family size: The study area’s average household size (1.94 persons) and average family size (2.78) is considerably smaller than Monmouth County (2.66 and 3.22, respectively). • Families below the poverty level: Seventeen percent of families are living below the poverty level in Highlands compared to 5 percent in Monmouth County. This data point is not available at the Block Group level. • Unemployment:

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 12 13 TABLE OF DEMOGRAPHIC DATA FOR MONMOUTH COUNTY, HIGHLANDS BOROUGH AND BLOCK GROUP 3 Sources: 2010 US Census & Block Group 3 Highlands Monmouth 2012 American Community Survey Study Area Borough County Percent Percent Percent unless otherwise unless otherwise unless otherwise Variable noted noted noted PLANNING ANALYSIS Land area (square miles) 0.8 469 Density (people/sq mile) 6,256 1,344 Population (persons) 556 5,005 630,380 Median Age (years) 38.8 45.1 41.3 3.1 Land Utilization: Value of Improvements to Value of Land Ratios Race White 92.1 93.0 82.6 The most crucial step in our study area analysis was to determine how the land was being Black or African American 1.6 1.6 7.4 used, by whom, when and how well. To do this, we used data from MOD IV, Highlands Borough American Indian and Alaska Native alone 1.1 0.3 0.2 Asian Alone 1.1 1.3 5.0 tax assessment data, the 2010 US Census, and ARCGIS. By seeing what happens where, we Native Hawaiian and Other Pacific Islander alone 0.0 0.0 0.0 could determine which properties were underutilized and which were full of opportunity. We Some Other Race alone 3.2 1.9 2.9 mapped vacant parcels (properties with no structures), properties deemed by the Borough’s Two or More Races 0.9 1.9 2.0 Average Household Size (persons) 1.94 1.91 2.66 construction code official as “an imminent hazard”, rental and seasonal properties, owner- Average Family Size (persons) 2.78 2.71 3.22 occupied properties, a propertie’s likelihood to change, land values, land uses and zoning. All Hispanic or Latino (of any race) 9.5 6.5 9.7 Median Household Income (dollars) NA 67,292 84,746 maps can be found in the Appendix. Families below the poverty level NA 16.7 4.8 Value of Improvements to Value of Land Ratio People below the poverty level NA 18.7 6.6 It was important to calculate the value of each Highlands, New Jersey Unemployed NA 12.6 8.3 parcel to determine if the improvements to the Housing units in structure: 1 unit detached NA 48.5 67.7 Housing units in structure: 1 unit attached NA 9.4 8.1 property (structures) are worth more, or worth Housing units in structure: 2 units NA 3.4 3.1 less, than the land. If the land is worth more than Housing units in structure: 3 or 4 units NA 9.7 3.6 Vehicles available: none NA 6.4 8.0 the improvement, it indicates that the land is Total Housing Units 100.0 100.0 100.0 not being utilized to its upmost potential. It also

Y E L Occupied Housing Units 81.8 83.4 90.5 L A 5T V H signals that there is a missed opportunity for the L L A W Owner-Occupied 37.3 58.6 74.9 N R O C

R Borough to receive higher property tax revenues. E Owned with a mortgage or loan NA 44.0 56.0 4 T L H L I M

Owned free and clear NA 14.6 18.9 Y E L See Value of Improvements to Value of Land Ratio L H A T V R O L Renter-Occupied 62.7 41.4 25.1 N L A W N R Map. O Vacant Housing Units 18.2 16.6 9.5 B C 2N A D Y N JACKSO For rent 53.1 25.4 21.6 JO KSON H JAC N

C

E S

H For sale only 1.6 9.0 12.0 An example of a parcel with an extremely low H N T R T

R E O E W R N N S

O B S Rented or Sold, Not Occupied 1.6 1.1 4.3 U K C R improvement to land value ratio would be a JA Y For seasonal, recreation or occasional use 31.3 53.2 45.4 B A KAY For migratory workers 0.0 0.0 0.1 neglected property on the waterfront. Real estate Legend Y SH Significantly Valuble Improvement to Value of LaOnd G R IN E R Other vacant 12.5 11.3 17.0 P 101 says that a property’s improvements should Greater Improvement Value to Value of Land S Age of Householder 100.0 100.0 100.0 Equal Value of Improvements to Land Value Low Value of Improvements to Land Value 2N be roughly two to four times the value of the D 15 to 24 years 3.1 2.7 1.7 Significantly Low Value of Improvements to Land Value 25 to 34 years 21.6 13.7 10.1 land. For example, on a $100,000 lot, a house Extremely Low Value of Improvements to Land Value Vacant Parcels H T U O 35 to 44 years 16.0 17.1 18.4 Riparian Rights 0 105 210 420 S 630 Feet ¯ 45 to 54 years 26.5 26.8 25.8 should have a value of $200,000 to $400,000. An 55 to 64 years 19.5 21.2 20.3 Valley to Vets 65 years and over 13.2 18.4 23.8 Land/Parcel Value Category Improvement to land ratio Household Type # of parcels . Family 41.1 44.2 69.8 Empty lots to extreme low value improvements .00 to .20 76 22.8% Husband-wife 24.7 31.3 55.5 Significantly low value improvements .21 to .49 66 19.8% Other 16.4 12.9 NA Male HH, no wife 6.6 4.5 3.8 Low value improvements .50 to .79 71 21.3% Female HH, no husband 9.8 8.5 10.5 Improvements approximately equal to land value .80 to .99 29 8.7% Non-family 58.9 55.8 30.2 Improvements greater than land value 1.00 to 1.99 76 22.8% HH living alone 43.2 45.3 25.0 HH not living alone 15.7 10.4 5.2 Significantly valuable improvements 2.0 and up 16 4.8% Total parcels 334 100.0%

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 14 15 CURRENT PLANNING FRAMEWORK improvement value to land value ratio for each parcel was calculated from the MOD IV data. 4.1 Existing Planning Documents Of the 334 parcels in the study area, 23% scored an extremely low improvement value to land The Borough has invested in planning over the years. value ratio. Forty percent (40%) of the properties fell into the categories of “significantly low” and “low” improvement value to land value ratio. Only four properties met the real estate The 2004 Master Plan includes a number of optional Master Plan elements, such as Economic criteria of having improvements valued at more than two times the value of the land. This Development, Circulation, Conservation, Community Facilities, Utilities, Historic and Recycling, shows that 63% of properties in the study area are not being utilized to their full potential, in addition to the mandatory Goals and Objectives, Land Use and Housing Plan Elements thereby lowering the average value of properties and decreasing the value of ratables for the required by New Jersey laws. Borough. 3.2 Infill and Redevelopment Opportunities The Borough has also adopted a Stormwater Management Plan Element (2005), a Recreation Infill and Redevelopment Opportunities and Open Space Plan Element (2008), a Master Plan Re-examination Report (2009) and a Land Highlands, New Jersey The Infill and Redevelopment Opportunities Meets one of the following criteria: Use Plan Element update (2009). The Borough has also adopted a Design Manual for the Central High Susceptibility to Change Map is the summation of all the map analyses. Extremely Low Improvement value to Land Value Ratio Properities Deemed an Imminent Hazard Business District. Vacant Properties -- MOD IV Class I The red parcels indicate that at least one of the listed criteria for change was met. It was The entire downtown area was declared an “area in need of rehabilitation” years ago, and within this context that we developed urban certain financial incentives were offered to property owners to spur rehabilitation of eligible design solutions. It is important to note that

Y structures. The program has not been successful. Over the years, only two property owners E L L A 5T V H red properties do not necessarily denote that L L A W have applied for the incentives. The Borough has never used the other tools available through N R O C we recommend a house be demolished or R 4 E T L H L the NJ Redevelopment Law (see Implementation section). I M

Y that the land is vacant, but instead they are E L L H A T V R O L N L A places where there is the largest opportunity W N R O The Borough is currently pursuing Transit Village designation from the NJDOT for the area B C 2N A D Y CKSON for improvement. While some homes in the JA JO SON H JACK around the passenger ferry terminal. A private-sector driven redevelopment plan, consisting of N

C

E S southeastern portion of Shrewsbury Avenue H H N T R T

R E O E townhouses and a marina, was recently approved by the Planning Board for a parcel previously W R N N S

O B S K U R are mapped red, we decided not to propose C JA Y occupied by a mobile home park.

B KAY specific development for them. We believe A Y

SH O G R IN they met the infill and redevelopment criteria E R P S There are also plans, not yet approved, to redevelop the area around the ferry terminal with a Legend based on the fact that the homes had not yet 2N D hotel/conference center. Infill and Redevelopment Opportunities

Highlands Study Area been ‘elevated’ and we assume they will be at

Highlands Borough H T U some point in the future. This is a street that O Highlands Roads S This notwithstanding, the Borough’s planning and zoning documents can be viewed as Riparian Rights 0 105 210 420 630 Feet is highly maintained and the market should ¯ functionally obsolete with respect to the studio’s study area. They do not present an informed adequately serve that portion of the study area response to the increased frequency and severity of extreme storm events, to the impacts of without redevelopment intervention. sea level rise or to the need for adaptation to the impacts of climate change in general. But at a more fundamental level, the Borough’s current planning and zoning documents simply do not provide an appropriate or realistic vision for how the study area should evolve. The master plan does not recognize the area’s underlying flaws, such as the over-sized blocks, awkward circulation, inefficient parcel structure and privatized waterfront. The zoning is stilted and unimaginative.

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 16 17 Both the Master Plan and the zoning view Bay Avenue as the area’s main commercial corridor, change entirely at the mercy of market forces, with no clear public policy objectives, and an although it is obvious that this is not an appropriate role for a street that goes from nowhere to antiquated and largely obsolete regulatory system. nowhere, and does not link any major local attractions. 4.2 Highlands Residents Responses to Bloustein Post-Sandy Survey In addition, neither the Master Plan nor the zoning offer an alternative vision for the waterfront, Funded by the New Jersey Recovery Fund, a team of planners and academics from the Bloustein which is by far the area’s main asset, but is hard to reach, largely privatized and vastly School – including the two faculty in charge of the Highlands studio -- developed a visual underutilized. preference survey to assess community preferences regarding possible rebuilding scenarios post-Sandy. In the wake of Hurricane Sandy, FEMA’s Community Planning Assistance program sponsored a recovery planning effort for Highlands during the Summer and early Fall of 2013. This The on-line survey content drew on case studies from three communities: Sea Bright, Highlands “community-based” effort did not include a substantive planning analysis of the issues and and Sayreville. While anyone can respond to the survey, special efforts were taken by the possible policy alternatives, focusing instead on compiling a wish list of projects that the Bloustein Center for Survey Research to target responses from residents and property owners in community identified and ranked in order of priority. These projects are described in the those three communities. November 2013 Recovery Plan for Highlands. Highlands Borough posted a link to the survey on the Borough’s website. As of 4/21/2014, 108 The highest priority projects include (a) physical improvements to the Borough’s stormwater valid responses from Highlands residents had been submitted. drainage system (repairing and replacing 48 check valves to prevent backflow of bay water into the streets at high tide; and automating two pump stations); (b) redirecting stormwater The full report for just Highlands-affiliated responses can be found in the Appendix. We provide runoff originating in the higher areas south of Route 36; (c) repairing and upgrading the here a summary of only the key points, relevant to the studio’s assignment. Borough’s sanitary sewer system, to limit inflow and infiltration; (d) implementing the ACE shore protection system; (e) recruiting a housing advocate/grant manager; and (f) the Bay Avenue A majority (83%) of those surveyed from Highlands own their home, and over 2/3 (69%) Renaissance initiative, described as streetscape improvements and business recruitment for the indicated that their home or other property they own was damaged by Sandy. Indeed, 78% downtown commercial core. indicated that the house in which they live full time was damaged; only 12% indicated that their summer home was damaged. Of the full-time residents, 74% had flood insurance; 55% had their The vision statement and objectives adopted as part of this planning effort are too generic property damaged more than 50%; and 73% planned to repair and elevate the structure. to be useful in terms of defining specific policy initiatives. The emphasis on infrastructure projects (stormwater, streetscape) assumes engineering solutions to the area’s challenges. The A slight majority of respondents think that another storm with the effect of Hurricane Sandy is document provides no insights with respect to how the Borough should guide and support the “very likely” or “somewhat likely” to occur in the next 10 years; but 88% believe that another physical and social transformation of the affected areas. It does not question the location of storm with the effect of Hurricane Sandy is “very likely” or “somewhat likely” to occur in the existing land uses and activities, nor does it propose any changes to the regulatory framework next 100 years. that might lead to changes to the area’s established land use pattern, character and urban design framework. Over 2/3 believe that projections of sea level rise of 1.4 feet by 2050 and 3.7 feet by 2100 are “as accurate a prediction as can be provided at this time.” The Borough needs to completely overhaul its planning and regulatory framework in order to bring it up to date with existing realities, jettison antiquated or misguided notions and help Highlands respondents indicated considerable support for rebuilding scenarios where structures shape the coming transformation in a positive way. The alternative is to allow the area to are elevated. Images depicting sensitive architectural treatments of elevated ground floors, with

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 18 19 Images from Visual Preference Survey

and services, and a substantial transformation of existing conditions received considerable support. Maritime elements incorporated into streetscape treatments and building elevations further reinforce the spirit of place and separate it from the generic suburban landscape. Images reflect highly- rated design typology The Highlands-specific results of this survey strongly suggest that there is considerable support from the Visual Preference among Highlands-affiliated responders for the types of physical change depicted in the Survey: (top) homes with simulations and advocated in the studio’s work products. elevated ground floors and balconies; (bottom left) commerical streets 4.3 Infrastructure Constraints – Stormwater and Wastewater with increased intensity, One of the most pressing issues the Borough currently faces, and will continue to face in the taller buildings and vibrant future, is the limited capacity available in its stormwater and wastewater infrastructure. pedestrian spaces; and It is widely recognized that the Borough’s stormwater and wastewater infrastructure is subject (bottom right) shared to severe inflow and infiltration (I&I). Inflow and Infiltration occurs when groundwater enters streets for motor vehicles the pipes carrying wastewater, through cracks or poorly sealed joints, thereby increasing the and pedestrians. volume of effluent in the sanitary sewer system beyond the design capacity of the treatment plant. The stormwater component strains the treatment capacity of the plant and raises the treatment costs considerably.

TOMSA -- the utility authority that receives and treats Highlands effluent -- has enacted a hard cap on the amount of effluent it will receive from Highlands, in order to preserve the design balconies, screens and appropriate landscaping are favored. “Shared space” scenarios -- where capacity at its sewer treatment. a conventional asphalt street, with curbs and sidewalks, is replaced by a cobblestone street where motor vehicles and pedestrians share the public right-of-way – received strong support, Unless the Borough addresses these pressing I&I issues, the amount of new growth requiring as did those scenarios where conventional streets are replaced by boardwalks and motor sewer hook-ups that may occur is extremely limited. vehicles are banned, except for emergency services. The Borough needs to adopt and implement aggressive strategies – such as green infrastructure Images depicting the public right-of-way as an extension of the beach, with sand and -- to reduce the amount of stormwater entering the wastewater infrastructure. If this is not appropriate landscape treatments, received favorable ratings. This suggests that the idea of achieved, any discussion of substantial future redevelopment and growth will be academic, as developing a catalogue of place-appropriate streets, reflecting the “beach town” or “bay town” the sewer capacity to handle new growth will not be available. As such, finding a solution for features, instead of the generic suburban streets found everywhere, clearly resonated with this issue is a pre-requisite to any serious redevelopment strategy. many of the survey responders.

While current conditions on Bay Avenue received low ratings, simulations of future conditions, depicting curb-less, shared space treatments with textured pavement, bicycle lanes, bollards, green stormwater features and public spaces received high ratings. Visualizations showing increased intensity of use, taller buildings, vibrant pedestrian spaces, a variety of healthy retail

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 20 21 PROPOSED PLANNING FRAMEWORK AND URBAN DESIGN PLAN

5.1 Methodology tourists coming to the area. After completing the Infill and Redevelopment Opportunities analysis we began creating our conceptual sketches. There were many things to consider when we began our plan; we We honed in on the Miller Street and Bay Avenue intersection because we believe that it also knew there would be large obstacles for us to overcome but Highlands also has incredible provides Highlands with a major opportunity. Miller Street has an amazing vista towards the opportunities. Challenges included numerous vacant and storm damaged properties, small lot water and we wanted to harness that vista and turn it into a spectacular retail corridor. sizes, sewer and water capacity limitation, parking overflow from commercial properties into residential neighborhoods and conflicting zoning practices. Highlands also has some narrow streets, which may lead to tough maneuverability for vehicles. While this may seem to be a challenge, our team saw this as an incredible opportunity. The Of these concerns we focused especially on transforming the vacant and storm damaged narrowest street in our study area was North Street and we believe that Highlands can create a properties. We strongly believe that if one can reduce the number of these properties then one wonderful attraction for residents and tourists by revamping the narrowest street and turning it can begin to help Highlands increase into a pedestrian walkway. its tax base and overall property INITIAL CONCEPTUAL SKETCH REFINED values. We strongly believe that the Conceptual Sketch site plan proposal will enhance We also focused very heavily on Highlands’ current maritime the sewer and water capacity character helping it stay afloat in limitations, especially since the the future. issues caused by the Inflow & Infiltration could severely hamper We will now highlight some of the Borough’s efforts to grow, thus the features of our proposed decreasing the possibility to bring in site plan. The largest proposed Y E L L A 5T V H transformation occurs at the L more tax ratables. L A W N R O C corner of Miller Street and Bay

R 4 E T L H L I Avenue. At this intersection we Though these challenges were large M Y E L L A H would concentrate new retail T V R we also knew we could capitalize O L N L A W N -- instead of encouraging it to R on the opportunities that Highlands O B C 2N A D Y N JACKSO continue to locate along Bay already has. We were extremely JO SON H JACK N

C Avenue, as it is now -- in order E S

H focused on the waterfront because H N T R T

R E O E W R N N S to create a town center and a O B S it is a major asset to the community. K U C R

Legend Y JA gateway to the waterfront. We know the town’s history of Buildings B A KAY fishing and clamming as well as SF Residential Y SH Parking/ Industry O G R IN E R P We feel a concentration of retail S its tourism history. We wanted to Commercial

Civic/ Cultural at this location can better attract ensure that we stay true to the 2N D character of the Highlands, in terms MF/ Mixed Use customers and act as a focal point New Streets for tourists during the summer H T of its maritime history, but we really Green Streets U O 0 105 210 420 630 S wanted to increase the amount of Feet ¯ season. The concentration of

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 22 23 Highlands Site Plan Proposal Urban Design Studio - 2014

Sh rew sbu 4 r y A v P en retail also helps to sustain other ue E xte ns businesses, providing a critical ion mass needed for retail survival and 8 6 creating year round solutions, as P opposed to some of the current seasonal uses. The proposed site plan includes a new marina on the Another important element of our Shrewsbury Avenue extension. site plan is the proposed marina. But 3 before we discuss the marina we 7 must discuss the new street that will t e e tr lead to it. S ler il P M

S hr In order to access the new marina e 11 w

s b we decided to focus on extending ur

2 y

A Shrewsbury Avenue all the way to v C enu

e

n

1 t e e the existing clam factory. We wanted

r

S

t B r a eet to extend Shrewsbury for multiple y 9 Av en reasons: it is the street closest to the P ue waterfront and we wanted it to be more of a signature street; we also Legend needed the street to be extended in 1-- Mixed Use Retail 10 order to provide the space necessary 2 -- Single Family Attached P to add the marina; and finally we Example of the architectural style of the proposed inn on the 3 -- Multi-Family Units 5 wanted to increase the amount of waterfront of Highlands. 4 -- Inn and Conference Center open space and access to the beach. 5 -- Borough Hall & Civic Center P The extended street will run along a proposed new public beach, which will provide residents 6 -- Public Access Beach & Marina and visitors with more open space and enhance public access to the waterfront. 7 -- Closed O Sand Street 8 -- Shrewsbury Avenue Extension Along with the beach is a proposed boardwalk and new retail shops. Further down Shrewsbury 9 -- Green Space & Spray Park Avenue is a proposed new inn, which we believe can help anchor Highlands, in terms of tourist 10 -- Parking Garages revenue, in the future. 11 -- Surface Parking (Boats) Across from the inn we have located new multi-generational, multi-family units overlooking the water. We believe these multi-family units will allow private development efforts to realize a

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 24 25 return on their investment. and living at the new Bay and Miller retail corner. The proposed pocket Finally, towards the end of the newly extended Shrewsbury Avenue is a proposed marina. This park will be an intimate setting new facility is necessary for the entire region as there is a strong demand for additional marina located between two buildings and slips along the northern New Jersey Shore. We aimed to capitalize on this unsatisfied demand to will provide an oasis within the increase the economic potential for Highlands while also bringing in many more people to the Borough’s center. Movable tables area. and seating will allow groups of all A pocket park, such as New York City’s Paley Park, will add to sizes to gather to enjoy a lunch break the inventory of great public spaces in Highlands. In tandem with these larger proposals, we sought to address other aspects that are also crucial or a morning coffee. It could also for Highlands to move forward. become an attractive place for local art installations and exhibits, a water PARK AND OPEN SPACE PLAN First, we wanted to provide Highlands with a new Civic Center because we know that Borough feature, and green walls, as depicted Hall is no longer operable along with below. STREET REGULATING PLAN the current Post Office. We also wanted to enhance the We developed a street regulating childrens’ experience in Highlands plan, with a view towards improving with a sprayground at Center Street. vehicular and pedestrian circulation Not only does this alleviate concerns patterns. over the awkward traffic triangle, it would provide a nice attraction Along with the street regulating for families. Similar to the set up plan, we developed proposed at Dorbrook Sprayground in Colts building typologies. These Neck, NJ, this playground showcases considerations can be found in the fountains, water guns, wet slides and Appendix. splash areas. In the colder months, it is still an entertaining and attractive Highlands is a place of strong park for children of all ages. This is community so we wanted to a low cost addition to the town and enhance and create public spaces will draw lots of families. for town members and visitors to enjoy. See Park and Open Space As previously mentioned, Highlands Plan. The addition of a small pocket has limited public waterfront access. park across from the existing small We suggest expanding the beach at park on Bay Avenue will provide a the end of Miller Street, where there convenient meeting and relaxing is a wonderful water vista. space for those working, shopping

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 26 27 Enhancing this area would add to the impacts of flooding and ease the recovery process after storms. real estate value along Miller as well as the waterfront. The design is sensitive to Highland’s clamming heritage by focusing activity at the water’s edge and redirecting circulation patterns to better take advantage of Highland’s assets. The The beach area could be left as un- introduction of new public spaces such as the pocket park on Bay Avenue, the North Avenue Spraygrounds are popular family destinations. programmed sand for visitors and bicycle and pedestrian boardwalk, and the sprayground at Center Street will complement residents to bring their towels and existing public spaces such as the beach and the existing in-town pocket parks). wade in the water, or it could be used for waterside concerts or movies, similar to Marine Park in Red Bank. The proposed marina and concentration of retail on Miller Street and near the water will stimulate economic activity and attract both residents and visitors. The built out plan will create Nearby Sea Bright Borough uses beach space for Summer volleyball leagues, drawing hundreds 283 permanent jobs in addition to the temporary jobs during the construction period. The of people to town on typically slow, mid-week evenings. These options could be great economic increased value of the improved properties will not only boost the Borough’s tax revenues but drivers for local businesses with little cost to the Borough. also decrease the tax burden on existing residents and business owners.

The proposed enhancements in terms of the parks and open space would encompass green As stated previously, Highlands is struggling to find answers for how best to move forward. The infrastructure measures in order to address the aforementioned I&I issues. proposed design concepts take into account many of the concerns the Borough is facing within the study area. A multifaceted approach will be necessary to find the right balance for the We recommend that new residential and commercial structures include either a green roof or a community. rain catchment system via rain barrels, or both. These green infrastructure features will make a positive difference in alleviating the I&I issues by capturing stormwater runoff before it reaches the stormwater drainage pipes, thereby reducing flooding.

We also suggest that Highlands adopt strategies to increase the amount of permeable surfaces, so stormwater can seep into the ground more slowly, rather than rapidly running off into the drainage system.

Overall, the proposed design concept is aimed at developing a more resilient infrastructure over time, while enhancing the built features of Highland’s maritime history and spurring further economic activity in the Borough.

The plan proposes adding approximately 400 residential units and nearly 125,000 square feet of retail space. It would provide over 2,000 parking spaces, which is 300 more than required by code and should help mitigate current issues of patrons parking on residential streets.

The implementation of resilient design features such as rainwater collection, green roofs, permeable surfaces, elevated homes and flood resistant retail and office space will mitigate the

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 28 29 IMPLEMENTATION MECHANISMS

6.1 Introduction power to intervene in private property rights, such as through the use of foreclosure, eminent The Borough has a variety of tools for implementing the plans proposed by this studio. These domain, or an order of vacancy and demolition. tools can be used individually, or assembled as a package. All tools require legislative decisions by Borough Council. The decisions regarding which tools to adopt, and how to implement them, A municipality can use each tool separately or together, depending on the extent of the are political in nature and therefore subject to the political process. The studio takes no position problems to be addressed. For instance, a municipality may use its authority under the UCC on which tools are most appropriate, and which should be pursued most vigorously, as these to order a building or structure that is in need of serious repair to be vacated; in addition to are local political decisions. Instead, we explain the strengths and limitations of each tool, in its authority under APRA to acquire an abandoned building through the use of various tools, order to provide the Borough with an informed decision-making framework. such as spot-blight domain; as well as use its authority under LRHL to acquire numerous problem properties within an entire area through the use of eminent domain or strong financial Some of the implementation tools discussed in this section are already being employed by the incentives that encourage sale. Borough. The Borough has an existing, albeit dated, Master Plan, and an existing (also dated) set of Zoning and Land Development regulations. These regulations control current development “Problem properties” and “problem areas” are defined in this section as those that are initiatives. An updated Master Plan Reexamination Report is anticipated for later in 2014, abandoned, hazardous, and/or blighted, having a negative effect on surrounding properties and drawing in part on the findings and recommendations of this studio. areas, and detrimental to the public health, safety, and welfare.

The Borough has also pursued the use of the Local Redevelopment and Housing Law (the 6.2 Zoning/Land Development Regulations Redevelopment Law or LRHL) and has previously designated the entire Borough as an “area in The Borough’s current zoning framework divides the Study Area into eight zoning districts. need of rehabilitation.” Certain fiscal incentives for reconstruction have been offered pursuant The existing zoning map of the study area illustrates the location of the eight districts. The map to this designation. was most recently adopted by Borough council in 2010. Two districts (R – 2.02 and R – 2.03) are single-family residential, although they encompass many rental properties owned by absentee Finally, the Borough’s construction code official has targeted certain problem properties as landlords. Two other districts (B-2 and B-2-0) represent the Bay Avenue business corridor and constituting an “imminent hazard”, under the applicable provisions of the Uniform Construction adjacent properties. Lastly, there are four separate waterfront districts (WT-C, WC-T/C, WC-1, Code (UCC), which seek to compel property owners to repair or rebuild their properties, under and WT-r) distinguishable by their own various uses and identified accordingly. threat of demolition. The distinctions between some of the districts are subtle and hard to justify. Limitations on Other tools, such as those available under the Abandoned Properties Rehabilitation Act (APRA) acceptable uses in other districts are also hard to justify. and the Local Redevelopment and Housing Law, have not to date been pursued by the Borough. In this section we describe the various redevelopment tools, assess their potential applicability The studio proposal is to create four new districts (Waterfront, Bay Avenue, Miller Avenue and to the Borough’s study area, and describe the potential advantages and shortcomings of each Residential R-1) that would encompass the entirety of the Study Area. The new districts are toolin order to provide the Borough with a clear set of options for moving forward. necessary in order to not interfere with existing zoning designations elsewhere in the Borough. The proposed zoning framework represents a consolidation and rationalization of the eight A major focus of this section are the tools granted municipalities under state law to take existing districts into four clear, concise and logical districts that reflect the changes in use control of problem properties and problem areas in order to influence and inform building recommended by this report. rehabilitation and area transformation. Most notable is the new Miller Street mixed-use district that extends from a key intersection/ The UCC, APRA, and LRHL are very powerful public policy tools, which give municipalities the gateway, at Bay and Miller, along a completely revamped mixed-use corridor leading to the

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 30 31 waterfront, which in effect, would act as a magnet for tourists and the dollars they might 6.2.3 Miller Avenue Mixed Use District (M) contribute to the local economy. Intent - The intent of the Miller Avenue (M) district is to encourage development of a vibrant mixed-use corridor leading from Bay Avenue to the Sandy Hook waterfront. This corridor is The waterfront district would make maximum use of the Borough’s most valuable natural asset viewed as the Borough’s major access to the waterfront, and therefore an appropriate address and proposes major new ratables, with a large new marina, expanded public beach, restaurants, for quality retail, restaurants and residential. gift shops, lodging, inns and other revenue producing venues. The intent and justification for the four districts is provided below. Justification - The layout of charming older, traditional towns usually includes a series of focal points connected to a town center by a ‘greenway’ corridor. These greenways provide a sense 6.2.1 Waterfront District (W) of place by celebrate the town’s history and encourage public use and interaction. Intent - The intent of the Waterfront district is to promote high-quality water-dependent and Unfortunately, Highlands Borough lacks such a civic virtue and in fact squanders its potential water-related development, hospitality, eating and drinking establishments and other related by the very absence of such a design. We believe our proposed town center and Miller Street uses, including public uses while increasing public access along the Borough’s waterfront. corridor to the waterfront provides that sense of place so desperately needed and in a part of town that is in dire need of revitalization. Justification - The waterfront is seen as not only the Borough’s finest natural asset but also its most economically underutilized space. This report offers ideas for the borough to remake 6.2.4 Bay Avenue District (B) its waterfront into a tourist destination and an economic engine that brings in badly needed Intent - The intent of the Bay Avenue Mixed-Use District (B) is to provide opportunities for a revenue during challenging times. The proposed waterfront district replaces a scattershot wide variety of commercial, residential, light industrial, commercial parking, civic and other of districts that do not complement each other, do not work well in attracting private capital activities. investment, and are sundered by incoherent, empty spaces that do little to convey the message that the Borough shoreline is worthy of a daytrip for outsiders looking for a nice day out at the Justification – While miscast as the Borough’s Main Street, Bay Avenue will continue to offer water’s edge. more affordable opportunities for a wide variety of commercial uses, along with attached residential. 6.2.2 Residential 1 District (R-1) Intent - The intent of the Residential 1 (R-1) district is to guide the transformation of an existing For the other districts to work well, we suggest steering certain building types and uses away neighborhood of single-family detached houses on grade and on very small lots – which face from them and into the Bay Avenue Mixed-Use District. substantial elevation requirements – into a more resilient neighborhood of elevated single- family detached housing. This is in conjunction with the opportunity for providing elevated This district would allow a variety of residential, commercial, office, personal and professional attached housing and multi-family housing in locations where small lots can be assembled into services, and more affordable retail uses, along with supporting parking to serve the greater larger lots, thus diversifying the type of housing products and encouraging more resilient and study area. Public works and certain light industrial activities will be consolidated here and not storm-appropriate housing typologies. intrude on the other proposed districts.

Justification - The current residential districts in the study area are badly pockmarked with vacant and damaged structures and empty lots where former structures were damaged beyond repair and were demolished. The new residential district seeks to consolidate and expand the types of uses and structures that can help remake the central low area into the vibrant, settled, fully occupied district that it once was up until mid-20th century.

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 32 33 Zoning Map Borough of Highlands ² Monmouth County, New Jersey June 2010

Zoning Map Borough of Highlands

D ²

X Monmouth County, New Jersey M June 2010

R - 1. )"102 03 )"101

T 2

S - D X C M W O W L R L -1 I . )"102 03 )"101 W T 2 S - C W O W L IL W

F 100.1 - 100.12 F R M -2

.0 F 3 B E M E A 100.1 - 100.12 V C M " H L S ) )"98 R H A F B P T O L R V S Y D E B E M A N A 103 D I )" G - Y R B R S - 2 R N - ID I T A E 2 T )"92 E K 104 C M V " S M ) W A D F R W

. F 2 Y W - )"91 D 0 E C D H 100 U 106.1 T )" W H 3 T 109 B )" A )" E E E M M V V )"85 A A E 105 A )" R E N )"99 H CR C E C A E V V T A E I T E )"78 H L 100.13 A IO " C V S N )"98 W ) A O R R P " L H A ) P E B 111 E O )"93 N F )" T T V B O " O A )77 L A R T )"84 A W G V 3 L R H N S Y 0 A )"97 I R D . )"90 E E R G H C B E 2 U B S R M S - T ED EA C N N LE A T A E E S IO 103 N N R P W A N IC SH C L D I O PL " G D 112 R C ) E H B " R ) Y R R D EE 2 R M R RF )"87 S - H UL N - H P 1 I I O L )"79 A E 0 D T )"94 . T )"92 2 K V 108 105.107 - E )"76 E 104 C M )" )"96 V R A S " STA )"89 ) T M E " E A R ) I W OUTE D 36 R W E E T )"115 114 W V B S )" B C F R R - R A D 1 2 A - Y L 110 H )"83 T 2 W E )" B R P F U I - "91 A L ) R L D A )"95 D E R )"80 A E B E A V Y S C D T A AV H S )"75 E T )"88 R 100 U M T 03 A )"72 . A 2 I 106.1 R- G )" L L

W L H E T I I K 109 W )"82 W " A " T ) ) - " C H )69 )"66 E O LIND T E EN AVE S

LIN )"81 M DEN V AVE C V I T " N W )85 A T A -C A L /T 105 )"74 T )" R )"116 A E )"65 H C )"73 R N "99 71.73 -2 5T ) . H 0 R )" 2 E C S ST A E L )"117 IN A D "55 ) T V T E 4 N TH )"56 S E I T E " E F )78 A 100.13 T V S H I V M S " T T T O A E )71 )"64 A S R "51 T ) C V F 118 S S )" L O N M Y L W R L E N L A E E L A D " L )57 O P G )"70 W W A N R R O D R A V C " L R T O ) W 119 S C " - ) T

E 1 111 O H S E N T " R L )93 L " T ) O )"63 A V B N O W " 120 )"54 N A )77 )" )"58 R A R T O "84 C ) C E T W )"62 S )"52 A D )"50 G A R 3 R )"49 L S E M T L H N L F T I I M 0 A R S )"97 )"90 Y . E G H E 2 R C L ND )"48 T L )"59 SON S B R )"61 A ST JACK 2 S V J T U E O S E H ON ST - D N ACKS A J C N N L A S S T T H E E I R W E S O E R B C W T W N P E S N - T S R 2 N S C L N - I -2 T B )"53 )"47 O " R E )44 C H . U P 03 S R O K R C L Y

A S R C J

D 112 T E H A " V R ) E )"60 D EE )"46 )"45 R R AY ST M F K F " M E )"43 H U )87 V A T L Y R S E - L 1 G H P L .0 IN )"42 1 A 1 R O L )"35 V 40.02 P "79 S ) )"37 )" 0 ZONING MAP: EXISTING ZONE DISTRICTS ZONING MAP: PROPOSED "94 T ) . S 40.01 R )"40 )" )"41 E S L 2 IL 2N E B M D - )"76 A Y )"36 S V T T 105.107 S 108 I V E W H "96 R-1.01 Single Family Residential T B ) )" S R U T A A O S Y

)"21 " A )89 ST P V AT R-1.02 Single Family Residential B E E E S " B H T R ) I A IG A O U Y H T T )"34 S L E E T A R 38.01 N O 36 R D U " )"39 ) A W R-1.03 Single Family Residential V TE E E E R- 36 115 1.02 PROS T PE )" 114 CT ST V B )"29 S )" B C P R-2.01 Single Family Residential E

R - R A A " )38 D 1 )"28 K

- A S 22.1 T )" L H T 2 R-2.02 Single Family Residential 110 )"83 S E " B ) )"27 R P F I )"26 )"20 U )"25 )"23 A L R-2.03 Single Family Residential O R SB P L OR OR NE L T I L A S A T G N D W "95 H D ) B R T R U D M C R MF Multifamily Residential H )"80 O A T O F - E O 1 U B C D S E N E A E A H V A IG )"19 R H Y S R N L PB Professional Business G D A N T D A S A A T D VE

R V W S " ST )75 AT E ROUTE 3 D B 6 E )"10 "9 T T MH Mobile Home N )

- )"88 A C

L R T

R

M ST T

OAK O

S

P 3 A B-1 Neighborhood Business District )"8 " T )72 M 0 F A . U R-1.02 9.01

2 N

- I G )" T

R S

L L B-2 Central Business District )"16 E H H

R ILLSIDE AVE C

E L E

T

I I

Y )"5

B Business District R K U R- B 1 W .0

S 1

" W D )82 E

R WT-R Waterfront Transition – Residential 11.01 - 11.12 R )"4

)"17

S

H

W S W )"18 )"11 )"6 B T E - N R A C IKE " R Y )69 H " ST WT-C Waterfront Transition – Commercial )

A " )"14 )7 )"66 V

O E LINDE T N AVE S F L WT-C/T Waterfront Transition – Comm. /Townhouse M INDEN )"81 A C VE I WC-1 Waterfront C ommercial T N W WC-2 Waterfront Commercial )"11 )"3 A T -C R L - /T MXD Mixed Use District 1 . T 0 )"74 2 )"116 A HO Highway Oriented District R )"65 " B-1-O: Neighborhood Business Overlay District 3 )73 5 0 71.73 -2 T . 1 . H - 0 R )"1 )" 2 )"13 S S T 117 L B-2-O: Central Business Overlay District )"12 )" IN "55 D ) T E 4 N T )"56 S E F H A T V V M S H S " T T T A E )71 )"64 S R "51 T ) F 118 S S )" L O M Y L R L E N L E E L A D " L )57 G )"70 W W O D A N A V R C R T O 1.01 119 S MF )" W " C - ) T

S 1 )"1.05 H )"1.04 1.03 1.02 T )" )" R L L )"63 O A N W )"120 )"54 N )"58 R O C C E T )"62 S )"52 D )"50 A R R )"49 S E M T L L F T I S M

Y E 2 L ND )"48 T L )"59 SON S )"61 A ST JACK V JO H N ST N CKSO JA S S

T H

R

W E B C NOTE: This map was developed using New Jersey Department of T W S E - T Environmental Protection Geographic Information System digital R 2 N S N - -2 T B data, but this secondary product has not been verified by NJDEP )"53 )"47 O " R E )44 . U 03 S and is not State-authorized. R K R

C Y

A S AJdopted by the Highlands Borou gh Council on May 19, 2010.

T 0 350 700 1,400 Prepared December 15, 2009 A File path: H:\HGHL\G1001\GIS\Projects\Adopted ZV oning Map June 2010 D Size.mxd 1 inch = 350 feet Feet )"60 )"46 )"45 E ST F KAY M E )"43 V A T Y R S E - L 1 G L . N )"42 0 I A 1 R )"35 V 40.02 P ZONE DISTRICTS )"37 )" S T S 40.01 R )"40 )" )"41 E S L

IL 2N D B M W Waterfront A )"36 S Y T T V S IE W H R-1.01 Single Family Residential T B S R-1 Residential T U A O S Y

)"21 A Miller Miller Avenue Corridor P V R-1.02 Single Family Residential B E S B H TA Bay Bay Avenue Corridor AY IG T )"34 H E S Source: T&M AssociatesLA R 38.01 T N O D U " )"39 ) A R-1.03 Single Family Residential V TE E 3 R-1. PR 6 02 OSPE CT ST )"29 A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 34 35 P

R-2.01 Single Family Residential E A )"38 )"28 K

S 22.1 T )" R-2.02 Single Family Residential

S )"27 )"26 )"20 )"25 )"23 R-2.03 Single Family Residential O SB P OR OR NE L TL S I A T G N H D W R B T R U D M C MF Multifamily Residential H O T O F - O U 1 D C S N E E A H A IG )"19 R H R N L PB Professional Business G D A N D S A T D VE

R

W STAT E ROUTE 36 )"10 D B "9 T MH Mobile Home N ) - A C

L

T

R

ST T

OAK O

S

P B-1 Neighborhood Business District )"8 T MF U R-1.02 9.01

N )"

T S

B-2 Central Business District )"16 E H H

R ILLSIDE AVE C

E

T

Y )"5

B Business District R U R- B 1.0

S 1

W

D E

R WT-R Waterfront Transition – Residential 11.01 - 11.12 R )"4

)"17

S

H

W S )"18 )"11 )"6 E B N RIKE A " R ST Y WT-C Waterfront Transition – Commercial )

A " )"14 )7 V

E F WT-C/T Waterfront Transition – Comm. /Townhouse M WC-1 Waterfront C ommercial

WC-2 Waterfront Commercial )"11 )"3

R

- MXD Mixed Use District 1 . 0 HO Highway Oriented District 2

B-1-O: Neighborhood Business Overlay District 3 0 .

1 - )"13 R )"1

B-2-O: Central Business Overlay District )"12

1.01 MF )" )"1.05 )"1.04 )"1.03 )"1.02

NOTE: This map was developed using New Jersey Department of Environmental Protection Geographic Information System digital data, but this secondary product has not been verified by NJDEP and is not State-authorized. Adopted by the Highlands Borough Council on May 19, 2010. 0 350 700 1,400 Prepared December 15, 2009 File path: H:\HGHL\G1001\GIS\Projects\Adopted Zoning Map June 2010 D Size.mxd 1 inch = 350 feet Feet The following charts summarize the permitted building types, uses, maximum building heights District Designation: Residential 1 (R-1) and minimum setbacks proposed in the (4) new zoning districts. Permitted Building Maximum Impervious Minimum Lot Size Minimum Lot Width Type Coverage Single-Family It should be noted that the Borough’s current Land Development Regulations focus exclusively 2,000 square feet 30 feet 80% Detached on uses, and do not contemplate building types, as a regulated element. Townhouse 2,000 square feet 15 feet 80% As such, the four proposed districts will have a slightly different regulatory structure, in that Apartment Building 10,000 square feet 50 feet 70% they regulate uses by building type. This will require technical adjustments to the Borough’s Permitted Principal Uses Ground Floor Upper Floors code, including a definition of “building type”. Residential Yes Yes 6.2.5 Zoning Standards Live Work Yes Yes Bed and Breakfast Yes Yes District Designation: Waterfront (W) Building Type Building Height: Minimum Building Height: Maximum Permitted Building Maximum Impervious 2 stories -- 20 feet above 3 stories -- 30 feet above Minimum Lot Size Minimum Lot Width Single-Family Detached Type Coverage FEMA floodplain FEMA floodplain Commercial Building 10,000 square feet 50 feet 70% Townhouse Ibid Ibid Mixed-Use Building 10,000 square feet 50 feet 70% Apartment Building Ibid Ibid Hotel/Inn 5,000 square feet 50 feet 70% Setback Minimum Maximum Permitted Principal Uses Ground Floor Upper Floors Front: Sidewalk 10 feet 20 feet Water-Dependent Uses Yes Yes Side 10 feet NA Water-Related Uses Yes Yes Rear 20 feet NA Lodging / Hospitality Yes Yes Hotel/Inn Yes Yes Food and Drink Yes Yes Building Type Building Height: Minimum Building Height: Maximum 2 stories – 20 feet above 3 stories – 30 feet above Commercial Building FEMA FEMA floodplain Mixed-Use Building Ibid Ibid Hotel/Inn Ibid Ibid Setback Minimum Maximum Front: Sidewalk 10 feet NA Side 20 feet NA Rear (not including riparian) 30 feet 30 feet

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 36 37 District Designation: Miller Avenue Mixed Use (M) District Designation: Bay Avenue Mixed-Use (B) Permitted Building Maximum Impervious Minimum Lot Size Minimum Lot Width Type Coverage Permitted Building Maximum Impervious Minimum Lot Size Minimum Lot Width Apartment Building 10,000 square feet 50 feet 80% Type Coverage Mixed-Use Building 10,000 square feet 50 feet 80% Apartment Building 10,000 square feet 50 feet 80% Townhouse 2,000 square feet 15 feet 90% Mixed-Use Building 10,000 square feet 50 feet 80% Hotel/Inn 5,000 square feet 30 feet 80% Commercial Building 10,000 square feet 50 feet 80% Permitted Principal Uses Ground Floor Upper Floors Hotel/Inn 5,000 square feet 30 feet 80% Residential Yes Yes Townhouse 2,000 square feet 15 feet 90% Retail Yes No Parking Garage 10,000 square feet 60 feet 80% Performing Arts/ 8,000 square feet 30 feet 80% Lodging / hospitality Yes Yes Theatre Food and drink Yes Yes Civic Building 10,000 square feet 30 feet 80% Personal services Yes No Permitted Principal Uses Ground Floor Upper Floors Professional offices Yes No Retail / Wholesale Yes No Building Type Building Height: Minimum Building Height: Maximum Financial Institutions Yes Yes 4 stories -- 36 feet above 5 stories -- 48 feet above Apartment Building Personal Services Yes Yes FEMA floodplain FEMA floodplain Mixed-Use Building Ibid Ibid Professional Services Yes Yes Townhouse Ibid Ibid Professional Offices Yes Yes Hotel/Inn Ibid Ibid Live/Work Yes Yes Setback Minimum Maximum Lodging / Hospitality Yes Yes Front: From Sidewalk 0 feet 20 feet Food and Drink Yes Yes Side 0 feet 15 feet Light Industrial Yes Yes Rear 10 feet NA Residential Yes Yes Commercial Parking Yes Yes

Arts / Civic Yes Yes Building Type Building Height: Minimum Building Height: Maximum 3 stories -- 36 feet above 3 stories – 36 feet above Townhouse FEMA floodplain FEMA floodplain All Other Permitted Building 3 stories -- 36 feet above 5 stories -- 48 feet above Types FEMA floodplain FEMA Setback Minimum Maximum Front: Sidewalk 0 feet 15 feet Side 0 feet NA Rear 10 feet NA

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 38 39 6.3 - The Uniform Construction Code (“UCC”) As such, the application of the demolition powers granted to municipalities by the UCC, in the absence of other actions that can be taken by the municipality under the authority granted The UCC is an extensive body of state legislation that covers a variety of issues pertaining to by other legal tools, may result in parcels that remain vacant for an undetermined, possibly building construction, including the elimination of unnecessary construction costs, setting indefinite period of time. uniformity with national standards regarding materials and construction, and assuring adequate maintenance of buildings and structures. See N.J.S.A. 52:27D-120; N.J.A.C. 5:23-1.3. We focus Furthermore, these vacant parcels will be paying property taxes on the land only, thereby here on the section of the UCC that deals with the adequate maintenance of buildings and undermining the local ratable base, and possibly having a long term blighting effect on the structures since it is the most relevant for redevelopment purposes. See Unsafe Structures, surrounding area. To date, Highlands has identified 50 properties, including 8 properties in the NJAC 5:23-2.32. studio’s study area that have been deemed to constitute an “imminent hazard.”

The UCC applies only to individual buildings and structures, and not to entire areas or vacant As such, it is critical that the Borough have an implementable plan for how to proceed in the land. At its strongest the UCC gives municipalities the power to order the vacancy and event the targeted parcels remain vacant and unimproved for an extended period of time. demolition of an unsafe building or structure that is “dangerous to human life or the public welfare.” See Unsafe Structures, NJAC 5:23-2.32(a). 6.4 The Abandoned Properties Rehabilitation Act (“APRA”) An unsafe building or structure includes one that constitutes a fire hazard or has an illegal use Unlike the UCC, APRA does allow a municipality to acquire an abandoned building. APRA is a or occupancy. See Unsafe Structures, NJAC 5:23-2.32(a); Division of Health, Dept. of Health & useful tool for municipalities to acquire abandoned buildings of any type, including residential, Welfare v. Rogers, 179 N.J. Super. 389 (N.J. Ch. Div. 1981). A municipality has the authority to commercial, and industrial in order to turn them into productive uses where the public health, order a property owner of an unsafe building or structure to remove and make safe the unsafe safety, and welfare is promoted. See N.J.S.A. 55:19-79, 81. APRA is useful for a municipality that condition. See Unsafe Structures, NJAC 5:23-2.32(a). If the building or structure is so unsafe wants to acquire a single or a few abandoned buildings that are scattered throughout an area. as to require an immediate action due to an actual or imminent danger of fire or immediate However, APRA only applies to buildings and does not cover vacant lots. danger of failure or collapse, the municipality is authorized to use emergency procedures and order the vacancy and demolition of the building or structure. See Unsafe Structures, NJAC 5: A municipality interested in utilizing APRA must first pass an ordinance that authorizes its 23-2.32(b); DEB Associates v. Greater New York Mutual Insurance Co., 407 N.J. Super. 287 (N.J. use and designates a public officer who will identify abandoned properties for purposes of Super. App. Div. 2009). However, the UCC does have limitations. establishing a public abandoned properties list. See N.J.S.A. 55:19-55(a); N.J.S.A. 55:19-55(d); B & B Realty Associates, LLC v. J & S Management Enterprises, Inc., 2008 WL 4681981 (N.J. Super. The UCC does not give the municipality the authority to acquire the building, structure, or App. Div). vacant land after demolition. Rather, the municipality can institute an action against the property owner to recover the costs of demolition and other emergency repairs incurred by the APRA provides a set of criteria for the public officer to use when determining whether a municipality. See Unsafe Structures, NJAC 5:23-2.32(b)(5). property is abandoned and thus, eligible to be put on an abandoned properties list.

A municipality that is unable to collect the costs of municipal demolition from the owner of a A property is abandoned if (1) it has not been legally occupied for a period of six months, which structure deemed an “imminent hazard” may place a lien against the property. However, as long can be shown by various records, including, but not limited to a report from a code enforcement as the property owner continues to pay property taxes and other applicable municipal fees and officer, records of water-utility shut-offs, or illegal occupancy of squatters; and if (2) the public taxes, the UCC does not authorize the municipality to compel the property owner to redevelop officer has determined in his or her reasonable judgment that the following additional criteria the property. exists:

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 40 41 (a) the property is in need of rehabilitation; Furthermore, partially-occupied properties that contain both residential and nonresidential (b) construction on the property began, but was discontinued before the building was space may be considered abandoned if the following criteria are satisfied: (1) at least two-thirds suitable for occupancy or use; of the net square footage of the property was for residential use; (2) none of the residential (c) at least one installment of property tax is delinquent at the time the public officer space was legally occupied for at least six months, and (3) the property meets criterion (a)—”in makes the determination; or need of rehabilitation” or (d)—”a nuisance” of the additional criteria set forth in N.J.S.A. 55:19- (d) the property has been determined by the public officer to be a nuisance. See N.J.S.A. 81. 55:19-81. Thus, APRA covers mixed-use properties where there is active commercial or other The nuisance criteria are very similar to the criteria for determining a property an “imminent nonresidential use and an abandoned residential use. hazard” under the UCC, but are less stringent because it allows a municipality to acquire a building even where an “imminent danger” is not present. If criterion (d) for nuisance is used, Once the property is determined to be “abandoned” by the public officer and is put on an then the public officer must show that the following criteria apply: abandoned properties list, a municipality is then authorized to utilize various tools to acquire abandoned properties. These tools include the spot blight domain, special tax sale, becoming (a) the property is unfit for human habitation, occupancy or use; an entity in possession, and the accelerated foreclosure of tax liens. Spot blight domain allows (b) the condition and vacancy of the property materially increases the risk of fire to the for the acquisition and redevelopment of privately-owned abandoned properties through the property and adjacent properties; use of eminent domain of a singular property without requiring the designation of an “area in (c) the property is subject to unauthorized entry or is unsecured, leading to potential need of redevelopment” or the adoption of a redevelopment plan. See NJSA .55:19-56. health and safety hazards; (d) the property has vermin or the accumulation of debris, uncut vegetation or physical Likewise, a special tax sale permits a municipality to set apart abandoned properties with deterioration of the structure or grounds, which have created potential health and tax arrears from the general tax sale in order to ensure that the property will later be used safety hazards; or in furtherance of public interest. APRA imposes a variety of qualifications and performance (e) the property’s dilapidated condition materially affects the welfare, including the requirements restricting who can bid at a special tax sale, such as the bidder’s financial ability economic welfare, of the residents of the area in close proximity to the property. and consistency with the municipality’s plan for the property. See N.J.S.A. 55:19-82. Similarly, a municipality or a private entity acting with municipal authorization is authorized Thus, a nuisance property can be deemed abandoned if it has not been legally occupied for to acquire an abandoned property by becoming an entity in possession in order to rehabilitate at least six months and is a fire hazard, dangerous to human life or health, and/or negatively (not demolish) the abandoned property where the owner has failed to do so in order to put impacts property values, or other determinants of economic welfare, of surrounding properties the property back to a productive use. The purpose of this tool is to preserve the building due to its dilapidated condition. rather than eliminating it due to its unique character, such as a physical, aesthetic, or historical character. Property is not considered abandoned if (a) the holder of the property’s tax sale certificate (other than the municipality) has continued to pay all taxes and liens on the property, and Unlike the special tax sale, a property acquired under becoming an entity of possession does has initiated foreclosure proceedings within six months; or if (b) the property is used on a not have to be in tax arrears or on the abandoned properties list. However, the property still seasonable basis and does not contain at least two of the additional criteria set forth in N.J.S.A. has to be designated as abandoned by the public officer. 55:19-81. See N.J.S.A. 55:19-83.

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 42 43 Furthermore, the owner of the property acquired by this tool is allowed to get the property 6.5 The Local Redevelopment and Housing Law (“LRHL”) back if a timely petition to a court is made and the owner completes the rehabilitation or LRHL is the primary law by which municipalities can undertake redevelopment. In order for reimburses the municipality or private entity for rehabilitation costs, reuses the property a municipality to formulate a redevelopment plan and undertake redevelopment projects, it consistent with the municipal’s plan, and posts a bond to ensure that the property will be must first designate an “area in need of redevelopment” as defined by LRHL. LRHL includes the maintained in sound condition after rehabilitation is completed. following conditions as criteria for designating an “area in need of redevelopment:”

Lastly, the accelerated foreclosure of tax liens tool allows the holder of a tax sale certificate • a building that is substandard, unsafe, unsanitary, dilapidated, or obsolescent… or for an abandoned property with tax arrears to file an action for foreclosure immediately after lacking in light, air, or space, that is conducive to unwholesome living or working buying the certificate, rather than having to wait the two-year period otherwise required for tax conditions, (i.e. dilapidated buildings); foreclosures. See N.J.S.A 54:5-86; See also B & B Realty v. J & S Management, 2008 WL 4681981 • a commercial building that is discontinued, abandoned, in disrepair, and untenable (N.J. Super. Ct. App. Div. 2008). (i.e. uninhabitable and/or abandoned commercial buildings); • land owned by the municipality that has been unimproved for ten years prior to Unlike the other tools, the accelerated foreclosure of tax liens tool cannot be used by the designation and is unlikely to be developed due to its remoteness, lack of access, or municipality, but only by an entity other than the municipality. APRA is a useful tool for taking nature of soil (i.e. unimproved and remote land owned by the municipality); control of individual abandoned properties, or abandoned properties scattered throughout • buildings or improvements (i.e. obsolete and/or dilapidated buildings and one or more neighborhoods. APRA can transform abandoned buildings into market-rate use or parking lots) are detrimental to welfare, health and safety due to dilapidation, affordable housing use where nonprofit developers utilize these tools to undergo affordable obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light housing development in the midst of abandonment. and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout; The current use of APRA shows that it is being used in a broad cross-section of New Jersey • a growing lack or total lack of proper utilization of areas caused by the condition towns, but primarily in weak market towns. To date, Highlands has not used APRA. The Borough of the title or diverse ownership of the real properties in designated area, which has not passed an ordinance designating an APRA officer and therefore has not compiled an impede land assemblage for re/development in line with community’s planning and abandoned properties list. economic goals, resulting in a stagnant and unproductive condition of land that can be put to more valuable use (i.e. stagnant and unproductive areas); We estimate that there are 196 properties within the studio’s study area that may meet the • areas of five acres or more with buildings/improvements that have been damaged statutory definition of “abandoned properties” under APRA and could therefore be subject by fire, natural disaster, etc., leaving the aggregate value of the area materially to an APRA-based intervention. These properties include seasonal properties that have been depreciated (i.e. materially depreciated areas due to natural disaster); shown on initial study to have two or more qualifying conditions under APRA, including • an area designated as an Urban Enterprise Zones; or a designation of blight in an properties “in need of rehabilitation” and properties that have tax liens.” The Borough’s public area consistent with the state’s smart growth planning principles. See N.J.S.A. 40A: officer would determine with up-to-date property information whether such properties would 12A-5. actually be considered abandoned due to its seasonal status and satisfaction of at least two additional criteria. In addition to the above statutory requirements, redevelopment designations are interpreted by New Jersey courts, which affect how the criteria are applied. For instance, the court in While APRA is a useful tool to acquire and redevelop individual abandoned properties, the LRHL Mulberry Street Property Owners v. City of Newark found that parking lots and vacant lots are is a more powerful tool for acquiring and redeveloping entire areas of properties, abandoned or not in themselves enough to designate an “area in need of redevelopment” under section (e) otherwise. of LRHL. In addition, the court interpreted “stagnation” found in section (e) of LRHL as an area

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 44 45 with buildings that are deteriorated and dilapidated beyond restoration and that negatively area meet one (or more) of the criteria found in LRHLin order for that area to satisfy the affect surrounding areas. Thus, a simple finding of deteriorated or dilapidated buildings in an definition of an “area in need of redevelopment.” Indeed, the statute does not even require area without finding that such conditions are beyond repair is insufficient for showing an “area that a majority of the properties in an area satisfy the criteria, but does require a substantial in need of redevelopment” under section (e) of the LRHL. amount.

The courts have also restricted the reach of section (e)’s “unproductive” and “proper It is critical that a municipality substantively document how the area meets the redevelopment utilization” requirement by not interpreting it to mean “fully productive” or “operating in an criteria, including, but not limited to, evidence of building code violations, fire code violations, optimal matter.” and nuisance reports. A mere “opinion,” albeit from a licensed professional, is not sufficient to satisfy the legal proofs. Thus, an area failing to maximize its potential, economic or otherwise, does not qualify as an “area in need of redevelopment.” Lastly, LRHL requires that a municipality’s redevelopment plan be consistent with the Relocation Assistance Law (RAL) and the State Planning Act (SPA). RAL requires municipalities Likewise, the court in Gallenthin v. Borough of Paulsboro interpreted section (e)’s that adopt redevelopment plans to assist residents displaced by the redevelopment plan. “unproductive” requirement to not equate an area that fails to be “fully productive.” Similarly, the LRHL requires that the municipality conduct an assessment of any existing Furthermore, the court in Gallenthin restricted section (e) to areas with problems of title, affordable housing for low and moderate income people that will be removed as a result of the diversity of ownership, or similar conditions that impeded land assemblage for purposes of redevelopment plan and requires that the municipality include a replacement plan for the loss redevelopment, and did not find a sixty-parcel vacant land having one owner and no issues with of these affordable units., The SPA requires redevelopment plans to describe their relationship its title to be considered stagnant or unproductive. to the state plan and requires their consistency with the municipality’s zoning and land use law as well as its housing plan and master plan. Similarly, NJ courts have further defined “dilapidation” as expressed in section (a) of the LRHL as requiring substantial evidence showing detriment to public safety, health, morals, or welfare 6.6 Options for Implementing the Redevelopment Law through the demonstration of zoning violations, building code violations, fire reports, tax liens, The LRHL can be implemented in three ways: (1) designating an “area in need of rehabilitation,” occupancy rate, employment rate, etc. (2) designating an area as a Non-Condemnation Redevelopment Area, or (3) designating an area as a Condemnation Redevelopment Area. In addition, NJ courts found that section (d)’s “obsolete and faulty design” requirement applied where a parking lot caused detriment to the public welfare due to its failure in conserving land Area in Need of Rehabilitation and satisfying increasing demand. Designating an “area in need of rehabilitation” is less stringent than designating an “area in need of redevelopment.” The purpose of a rehabilitation program is not to acquire properties, As shown, LHRL requires substantial evidence to show that an “area is in need of but simply to “arrest and reverse patterns of decline and disinvestment in a residential redevelopment.” While the statute requires only one criterion to be present in order for neighborhood or community district” through “the repair, reconstruction, or renovation of an an area to be deemed “in need of redevelopment,” given various interpretations in light of existing structure with or without new construction or the enlargement of the structure.” recent case law, it is always advisable that a municipality documents the presence of as many criterions as may substantively exist. A rehabilitation plan is an ideal tool for dealing with problem properties when the property and its respective area have conditions that fall short of meeting the necessary statutory It is also important to point out that the statute does not require that all properties in a given requirements for designating an “area in need of redevelopment.” For an example, a

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 46 47 rehabilitation plan is used for restoring an aging housing stock, dealing with properties with tax Trust Fund where the development of affordable housing is included in the rehabilitation arrears that may or may not be deemed abandoned, replacing or restoring old water and sewer program. Furthermore, a rehabilitation program can be used by itself or as a supplement to a lines, restoring abandoned properties and vacant storefronts found in mix-used properties. redevelopment plan. See N.J.S.A. 40A:12A-15.

A rehabilitation program is also good for infilling vacant land, which would otherwise not qualify Highlands re-adopted and amended its rehabilitation ordinance in 2012, designating the entire as “in need of redevelopment” under LRHL or as abandoned under APRA. See N.J.S.A. 40A: 12A- town “in need of rehabilitation.” The ordinance allows up to a five year tax abatement for a 14(a)(3). maximum of $25,000. See Highlands Ordinance-12-24. However, to date there has only been one five-year tax abatement application filed in Highlands. Thus, the Borough’s rehabilitation In order to designate an “area in need of rehabilitation,” the municipality needs to show that program is insufficient for dealing with its problem properties. that the following conditions exist: Non-Condemnation Redevelopment Area (1) a significant portion of structures therein are in a deteriorated or substandard In addition to its rehabilitation program, Highlands can also designate the study area as a condition; Non-Condemnation Redevelopment Area in order to expedite the process for dealing with its (2) more than half of the housing stock in the delineated area is at least 50 years old; problem properties. See N.J.S.A. 40A: 12A-6. (3) there is a pattern of vacancy, abandonment or underutilization of properties in the area; Designating an area as a Non-Condemnation Redevelopment Area under the LRHL allows a (4) there is a persistent arrearage of property tax payments on properties in the area; municipality to undergo redevelopment without the use of eminent domain. The goal of a plan (5) environmental contamination is discouraging improvements and investment in designating an area as a Non-Condemnation Redevelopment Area is to promote the sale of properties in the area; or properties rather than their condemnation by instituting subsidies that encourage developers (6) a majority of the water and sewer infrastructure in the delineated area is at least 50 to buy properties at a value higher than the fair market value. If these subsidies prove to be years old and is in need of repair or substantial maintenance. unsuccessful, then the municipality can still choose to redevelop around the property, leaving it out of the plan. The municipal government can designate the entire municipality as one “in need of rehabilitation.” N.J.S.A. 40A: 12A-14. Finding of “an area in need of rehabilitation,” can Or, the municipality can conduct further investigation to determine whether such properties be determined by a site visit and the examination of code enforcement records. This are eligible for condemnation under a Condemnation Redevelopment Area plan. After determination is less stringent than designating “an area in need of redevelopment” as the designating an area as a Condemnation Redevelopment Area, a municipality is authorized to municipality is not required to prove that the above conditions causes a threat to other people. use the tool of eminent domain in order to acquire properties that satisfy the redevelopment criteria under the LRHL. There is no need for the municipality to conduct a formal investigation or a public hearing under a rehabilitation plan; a municipality simply needs to adopt a resolution. Whether the municipality designates an area as a Non-Condemnation Redevelopment Area or a Condemnation Redevelopment Area, the municipality is authorized to provide financial A municipality instituting a rehabilitation plan can use the same redevelopment tools as a incentives to developers, such as long term tax abatements up to 30-35 years and in return get redevelopment project, except the use of eminent domain and long-term tax abatements. payments in-lieu of taxes (“PILOTS”) from the developers. See N.J.S.A. 40A: 20-12. See N.J.S.A. 40A: 12A-15. The redevelopment tools found in a rehabilitation program include the muncipality’s use of five-year, short-term tax abatements and bond financing. See In addition, the municipality can use monies from its local Affordable Housing Trust Fund to N.J.S.A. 40A:12A-8. In addition, a municipality can use funds from its local Affordable Housing support redevelopment projects as long as the development of affordable housing is also a part

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 48 49 of the plan. powers with only the power to acquire individual properties under APRA; and demolition powers with the option to acquire or encourage the sale of properties in an entire area under Upon initial study, we found that the LRHL criteria (a) dilapidated buildings, (b) discontinued the LRHL. commercial buildings, (c) remote, long-term unimproved land, (d) buildings or improvements with obsolete or faulty designs, and (f) areas of five acres or more with buildings / Thus, each tool can and should be used surgically, either on its own or in conjunction with other improvements that have been damaged by fire, natural disaster -- may be found to apply to the tools, depending upon the material circumstances and the desired outcomes. study area. It is recommended that the Borough consider each option carefully and conduct a thorough A more definitive assessment will require a formal request by the governing body of Highlands investigation to determine which tool(s) are most effective and best support the Borough’s to its planning board to conduct a formal preliminary investigation and determination of area in vision. need of redevelopment.

6.7 Conclusions Highlands is struggling to control problem properties within the study area and needs to develop a plan to effectively take control of such areas and properties. For instance, the study area has a significant number of abandoned and dilapidated properties, as well as properties with tax liens, long-term seasonal properties in need of rehabilitation, vacant lands, and non- conforming properties with zoning issues.

The Borough is already using the “imminent hazard” provisions of the UCC to try to encourage property owners to rehabilitate or redevelop hazardous properties in the Borough. But while this tool gives the Borough the authority to demolish unsafe structures, it does not give the Borough the power to compel a property owner, or any other party, to rebuild the resulting vacant lots. It also does not change the various laws surrounding redevelopment, such as zoning and design rules. Redeveloped properties must follow the existing regulations, absent costly and time-consuming variance requests. As such, opportunities to rebuild in more resilient forms will be lost.

The Borough has yet to take advantage of the authority granted under APRA. Nor has it sought the redevelopment authority granted under the LRHL. APRA and the LRHL are additional tools the Borough could use to take control of problem properties and help transform neighborhoods towards more positive outcomes.

The UCC, APRA and LRHL are similar in that each seeks to address dilapidated buildings causing danger to public health, safety, and welfare. However, they also have substantial differences. The municipality has demolition powers without acquisition powers under the UCC; demolition

A Clam-tastic Plan for the Valley to Vet’s Community of Highlands Borough, NJ 50 51